

Colletta di Castelbianco
| Buying Process In Italy |
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Generally speaking there are no restrictions placed upon a non-resident wishing to purchase a property in Italy. When buying a house in Italy it is strongly recommended that you use professionals who are familiar with the local market and that you seek suitable legal and tax advice. Realitalia works with accredited and licensed local professionals and – upon request - can recommend expert advisers in Italy.
Step 1 – The Irrevocable Purchase Offer The buying process starts when you have identified the property that most suits your requirements, your new home. If you change your mind you will forfeit the deposit, as the owner will have effectively taken the property off the market and put it “under offer”. If the owner/seller will not accept your Proposta within the deadline set in your offer, then your deposit will be returned to you (no interest on these sums is usually due). Step 2 – The Preliminary Agreement (Compromesso)The preliminary agreement (Compromesso) commits both parties to the sale. This contract establishes the terms and conditions of the sale contract (Rogito) and details price, date for completion, the nature of the property and guarantees from the seller. It may also include any other relevant legal and practical detail (standard schedule of works and modifications agreed by the parties, floor plans, details of parking space or garage if any etc..). At the signature of the Compromesso you will be expected to pay a percentage of the price which could be 1/3 , other stage payments can be requested by the seller for off-plan properties when the delivery is far in time. It is important to note that the Compromesso is a binding agreement so - if you withdraw from the sale after signing it - you normally would lose the payments made. Recently, with the introduction of the no 122/2005 , buyers purchasing off-plan have more protection on their payments done before Completion (see question no 4 of our FAQ). Step 3 – Completion (Rogito)This is the final stage of the process and transfers ownership of the property, you will become owner of your home in Italy (usually 1-3 months after the Compromesso, when the property is purchase off-plan this period could be considerably longer). The document is drawn up by the Notary (Notaio), who is a public official that guarantees the legality of he ownership transferred (see question no 1 of our FAQ). Normally the buyer and seller are present for the signing of the contract at the Notary's office, nevertheless you can appoint an individual who will act as your Attorney in your absence (by mean of a Power of Attorney, please see next paragraph). Before (or at) the Rogito you will be expected to finalize all payments to the vendor and to settle all sums due to the Notary. The best way would probably be to have funds transferred to your Italian bank account well before the Rogito. We can help you with the opening of your Italian bank account if you wish so, it will be useful also later for paying local charges, utilities, service charge and costs (please see below for more details). The Notary will read out loud the contract of sale to those present, therefore if you are attending without anyone who can translate for you, it would be wise to use an interpreter, and then the deed is signed before the Notary. The notary will then take responsibility of registering the completion with the land registry. Normally – upon request - he would produce a copy of the deed for your convenience. If you can't be present at the Rogito - Special Power of Attorney The Notary himself or a solicitor (that we can recommend) would draw up the power of attorney by which you appoint a person who will sign in front of the Notary on your behalf; this draft document can be e-mailed to you . In this case you print it off and sign it in the presence of a public Notary, in England for example. He or she would normally also take care of the "Apostille" that is needed to be valid for the Italian Notary. The original complete document shall be sent back to Italy, preferably directly to the Notary's office. The formalities associated with the granting of a power of attorney produce a cost due by the assistance of the Italian Notary and of the public Notary who authenticates your signature and takes care of the Apostille. As a guideline only you can expect it to be under Euro 1,000. Other expensed associated with your purchase As well as paying the balance for the property, there are other costs associated with you purchase (please see our FAQ for more detailed information): • Environmental Hygiene Duty (or rubbish tax); it is a tax due to local authority (Commune); • Utilities – electricity, water, telephone (if required); • Service charge – the annual cost in connection with shares areas and facilities. You will also need a Tax Code in order to complete your purchase (Codice Fiscale) . You can applly for it yourself direct to the competent office at the Italian Tax Autority or we can arrange this on your behalf at the Notary office. In this event it would have a cost in the region of Euro 200; we would need a good copy of your passport (or other valid identification) and a signed “instruction to collet your Codice Fiscale” which the Notary office will then provide.
Applying for an Italian Mortgage
Realitalia can help you to do this too, putting you in contact with a Bank to whom you can apply for your mortgage.
Terms and conditions vary from bank to bank, nevertheless as a guideline amounts borrowed would probably go to a maximum of 70/75% of valuation or purchase price (whichever is the lowest). Subject to banks' guidelines and approval, you are likely to be asked to provide the following documents:
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